§ 5-22-5-6 — Purchase of degradable and disposable plastic products

(a) This section does not apply to a political
subdivision.
(b) As used in this section, "biodegradation" means the conversion
of all constituents of a plastic into miscellaneous component parts by
the microbial action of fungi and bacteria upon natural materials such
as cornstarch.
(c) As used in this section, "chemical degradation" means the
conversion of all constituents of a plastic into miscellaneous
component parts through the chemical reactions of additives such as
auto-oxidants and the environment with the plastic.
(d) As used in this section, "degradable" means capable of being
broken down by one (1) or more of the following degradation
processes:
(1) Biodegradation.
(2) Photodegradation.
(3) Chemical degradation.
(e) As used in this section, "photodegradation" means the
conversion of all constituents of a plastic product into miscellaneous
component parts through the physical breakdown of the plastic product
upon sufficient exposure to ultraviolet radiation.
(f) As used in this section, "plastic" includes a hybrid material
containing plastic as a major component.
(g) As used in this section, "refuse bag" means a disposable plastic
bag that is designed to hold garbage, grass clippings, fallen leaves, or
other refuse. The term includes a disposable plastic bag that is designed
to be placed inside and to catch the refuse deposited in a rigid refuse
receptacle.
(h) When purchasing disposable plastic products, including refuse
bags, a governmental body shall purchase disposable plastic products
that are degradable if all the following apply:
(1) Degradable products are available at the time of the purchase.
(2) It is economically feasible to purchase degradable products.
(3) The purchase of degradable products is not inappropriate
because of:
(A) federal regulations or policy in matters involving the
federal government; or
(B) the special requirements of scientific uses.
(4) The degradable product to be purchased is economically and
functionally the equivalent of disposable plastic products that:
(A) meet applicable specifications; and
(B) are not degradable.
(5) The degradable product to be purchased is, in the
determination of the purchasing agent, a type of product for which
the use of degradable materials is appropriate based upon:
(A) the functional use of the product; and
(B) whether the product will probably be recycled or disposed
of in a final disposal facility.

Legislative History

As added by P.L.49-1997, SEC.1.